TRANSITIVITY ANALYSIS OF PAKISTANS CODE OF CIVIL PROCEDURE 1908 A CORPUSBASED STUDY

http://dx.doi.org/10.31703/glr.2021(VI-II).08      10.31703/glr.2021(VI-II).08      Published : Jun 2021
Authored by : Saadat Hasan Akhtar Usmani , Ayaz Afsar

08 Pages : 63-77

    Abstract

    The language of law is complex and needs to be investigated to facilitate its easy understanding. The present study addresses this need by analyzing a mini-corpus comprising two short texts taken from Pakistan's Code of Civil Procedure 1908 and the U.K.'s Civil Procedure Rules 1998 with Halliday's ideational metafunction, which is suited for analyzing procedural texts (Halliday & Matthiessen, 2004). The study identified the transitivity patterns in the mini corpus. The findings showed simpler construction of processes in the U.K. civil procedure text sample as compared to Pakistan's Civil Procedure text sample, whereas the analysis showed a similar complex construction of nominal phrases in both texts. The study is expected to contribute toward an easy understanding of legal language. It is also hoped that this study will promote further research in this important area with pedagogical implications.

    Key Words

    Corpus Analysis, Ideational Metafunction, Legal Language, Legislative Drafting, Linguistic Complexity, Systemic Functional Linguistics

    Introduction

    Legal language is complex because it uses complex linguistic structures and multiple qualifications for achieving clarity and comprehensiveness (El- Farahaty, 2015; Bhatia, 1993, 2003, 2004). That is the reason that complexity in legal language has been researched extensively. For example, Bhatia (1993, 2010) investigated the use of subordinate clauses in order to facilitate the understanding of legislative provisions. Cooper (2011) identified the ambiguity caused by the excessive use of the modal verb ‘shall’ in legislation. Some research in legal language has been carried out in the Pakistani context, too. For example, the stylistic and move analysis of plaints for recovery of finance (Jabeen, 2012), genre analysis of Pakistani Muslim Family Laws Ordinance 1961 (Usmani, 2014), and stylistic analysis of Muslim Family Laws Ordinance 1961 (Ahmad, Nadeem, Khan, & Ahmad, 2015). These studies provide a foundation for the present study. As the complexity in legal language presents challenges for easy understanding of the legislative texts (Bhatia, 2004), and the fact that research on legal language in the Pakistani context is still limited, we aimed to carry out a comparative linguistic analysis of the legal language used in Pakistan's Code of Civil Procedure 1908 (henceforth CPC) and U.K.'s Civil Procedure Rules 1998 (henceforth CPR).

    For this purpose, we employed Halliday's ideational metafunction. In Systemic Functional Linguistics (SFL), the ideational metafunction is used to identify the use of language in expressing the actions and events. Hence, it is well suited for investigating the procedural texts (Halliday & Matthiessen, 2004).

    Objective

    The objective of our study was to examine the use of language in the creation of civil procedures in CPC and CPR. In view of the limited scope of this study, a mini corpus was developed comprising small data taken from each text for analyzing the expression of civil procedure in both texts with the help of Halliday and Matthiessen's ideational metafunction (2004). The analysis helped identify the linguistic patterns for creating the civil procedure in the mini corpus.

    Literature Review

    According to Bhatia (2004), the language of the law is replete with complex constructions, which make it difficult to understand even by law professionals. The situation is more challenging in the Pakistani context, where English is not a native or first language (Mahmood, 2009). Therefore, an investigation of the language of law in general and that of legislative texts is highly desirable. However, the legal language is generally considered to be beyond any flaws and hence is taken for granted (Chaudhry, 2010). This situation naturally demands that the language of a legislative text be examined in order to facilitate its easy understanding.

    Previous studies indicate that some research has been carried out in the Pakistani context, such as the stylistic analysis of plaint letters (Jabeen, 2012). Similarly, Ahmad (2015) carried out the analysis of cohesive devices in the Muslim Family Laws Ordinance 1961. Usmani (2014) carried out a genre analysis of the Muslim Family Laws Ordinance 1961, identifying various moves in creating the text of the Ordinance, and finding various complex linguistic patterns that caused difficulties in easy comprehension. In addition, Chaudhry (2007) provided a comprehensive commentary on legislative drafting in the Pakistani context and recommended various strategies for facilitating a better understanding of legislative texts. These studies provided foundation and justification for expanding the scope of the research to comparative analysis of legislative texts from different countries. Hence, the present study chose to investigate the civil procedures of Pakistan and the U.K.


    Theoretical Framework

    This study employed SFL as a theoretical framework. SFL looks at a text through ideational, interpersonal, and textual metafunctions (Halliday & Matthiessen, 2004). The ideational metafunction looks at the use of language for expressing experience, the interpersonal metafunction is used to investigate linguistic devices employed in the interactions between people, and the textual metafunction explores various linguistic devices for creating cohesion. For the purposes of this study, we employed the ideational metafunction to examine the text samples included in the mini corpus because the texts express the procedure of interpleader, a domain related to ideational metafunction.

    The ideational metafunction uses the system of transitivity to explore the construction of a clause and provides that a clause is composed of three major components, that is, process, participant, and circumstance. A process depicts six types of action or events expressed by a verb. A participant is an entity that either performs the action or is impacted by it and is expressed by a noun. A circumstance expresses additional information about a process and is generally expressed by a prepositional phrase or an adverbial phrase. Each type of process has its specific attendant participants. The processes, along with their attendant participants and circumstances, are explained below.

    Material Process

    A Material process expresses action or an event with reference to time, location, and quality (Halliday & Matthiessen, 2004). A material process generally has two participants, an Actor and a Goal. The actor is the participant that does an action, and the participant that is impacted by the action is referred to as Goal. The action may be physical (e.g., Amjad threw the ball) or mental/abstract (e.g., Amjad thought that he wrote a letter). A clause in which a material process occurs is known as a material clause. It may have an explicit Actor (i.e., active voice) or implicit Actor (i.e., passive voice). Similarly, it may or may not require a Goal. The criteria for identifying a process as a material process is to ask what did X do to Y when, where, how, and why? (Halliday & Matthiessen, 2004).


     

    Table 1. Material Process - Active Voice Examples

    Actor

    Process: material

    Goal.

    Amjad

    wrote

    a letter.

    The bowler

    threw

    the ball.

     

    Table 2. Material Process - Passive Voice Examples

    Goal

    Process: material

    Actor

    The letter

    was written

    by Amjad

    The ball

    was thrown

    by the bowler.

     


    Mental Process

    A Mental process refers to what goes on within the mind and depicts ideas, thoughts, observations, etc. A mental process depicts four types of action:

    1) Perception (i.e., seeing or hearing), 2) Cognition (i.e., knowing), 3) Desideration (wanting or needing), and 4) Emotion (i.e., liking, not liking, etc.). Halliday and Matthiessen (2004) point out that a mental process always involves two participants: 1) Senser, who performs one of the abovementioned actions, and 2) Phenomenon, that is, what is perceived, liked/disliked, etc. In addition, a Senser is always a participant endowed with human characteristics of feeling, liking, sensing, etc. Whereas a Phenomenon may or may not have human characteristics.


     

    Table 3. Mental Process - Examples

    Senser

    Process: mental

    Phenomenon

    Ana

    felt

    joy.

    Jerry

    thought

    that he had won the game.

    Amjad

    cannot see.

     

     


    Relational Process

    A Relational Process depicts a state of being or having. It shows a relation between two entities in such a way that neither entity is affected by the process (Halliday & Matthiessen, 2004). A relational process has two modes and three types. The two modes are 1) Attributive, 2) Identifying. Attributive mode depicts that an entity x has an attribute a. Identifying mode shows that an entity x is assigned a role or character a. The three types are: 1) Intensive on the pattern x is a; 2) Circumstantial on the pattern x is at a; 3) Possessive on the pattern x has a. The intensive type shows that                     the entity x has an attribute or a role/character a. the Circumstantial type shows that an entity x is happening on or at a given time or day, or a circumstance x is identified to be a. Possessive depicts that either an entity x possesses an attribute a, or an entity a is identified as a possession of an entity x. The possessive processes are shown in Table 4.


     

    Table 4. Relational Process - Examples

    Type

    Attributive

    Identifying

    Intensive

    Amjad is wise

    Amjad is the supervisor.

    Circumstantial

    The festival was on Monday

    Tomorrow is the ninth.

    The ninth is

    tomorrow.

    Possessive

    Amjad has a box

    The box is Amjad's.

    Amjad's box is that box.

     


    Behavioral Process

    As indicated by its name, a Behavioral process shows a behavior, such as smiling, laughing, looking. (Halliday & Matthiessen, 2004). It shows an outward display of our mental activity. For example, seeing is a mental process but looking at something is behavioral because it involves an act of looking at something. This process lies at the boundary of a material and a mental process (2004). It has one inherent participant, called Behaver. A Behaver is typically a conscious entity. Some clauses use Range as the second participant. A Range is only used to add further description to a Behaver and is therefore not a real participant.

    Generally, a Behavioral process is of five types: 1) behavior of consciousness, such as watching, staring, thinking; 2) behavior of verbal types, such as grumbling, talking; 3) behavior of physiological types, such as crying, frowning; 4) behavior of miscellaneous physiological type, such as breathing, sleeping; 5) behavior of physical nature, such as dancing, sitting, squatting (Halliday, 1994). These processes are shown in Table 5.


     

    Table 5. Behavioral Process - Example

    Behaver

    Process

    Range

    Amjad

    gave

    a smile.

    Amjad

    laughed.

     

     


    Verbal Process

    A verbal process depicts an act of saying something, such as reporting an event. A verbal process lies at the boundary of a mental and a relational process. Thus, it carries the characteristics of these two processes. According to Thompson (2000), it depicts the human faculty of thinking and meaning.

    This process has one inherent participant, which

    is referred to as Sayer, which could be a conscious or nonconscious entity. This process involves three other participants, i.e., a Receiver, the Verbiage, and a Target. The Verbiage shows what is said. The Receiver shows the entity to whom the Verbiage is addressed. The third participant, Target, is the entity that is the target of the Verbiage. It is shown in Table 6.


     

    Table 6. Verbal Process - Example

    Sayer

    Process: verbal

    Target

    Receiver

    Verbiage

    Akram

    tells

    -

    Amjad

    a true story.

    Supervisor

    praised

    Amjad

    -

    for his great work.

     

    Existential


    An Existential process expresses the existence of an entity. It has features of a relational and a material process. A clause with an existential process generally starts with there (Halliday & Matthiessen, 2004). Some other processes depicting existence are flourishing, arising, etc. This process generally involves one inherent participant, known as Existent. An Existent may be a conscious or nonconscious entity.


    Table 7. Existential Process - There as Theme

     

    Process: existential

    Existent

    Circumstance

    There

    lived

    a farmer

    in the village.

    There

    was

    a queen

    in Persia.

     

    Table 8. Existential Process - Existent as Theme

    Existent

    Process: existential

    Circumstance

    No life

    exists

    in the dead sea.

     


    Mini Corpus

    For the needs of this study, we will consider a mini corpus of the provisions relating to interpleader from each text. These have been reproduced in Appendices 1-2. The purpose of having only a small number of provisions is to help us to analyze these provisions completely without having to go beyond the scope of this study. A detailed analysis of each text would require a separate study. The provisions in the mini corpus from each text have the same heading, that is, interpleader. Therefore, it was well-suited for our purposes to provide a comparative analysis as to how each text lays down the procedure for interpleader. The provisions relating to interpleader have been taken from the following sources:

    CPC:

    https://www.pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-apaUY2NpaJdq-sg-jjjjjjjjjjjjj.

    CRP: https://www.legislation.gov.uk/uksi/1998/3132/made/data.pdf

     

    Research Questions

    In view of the limited scope of this study, the following research question has been formulated for this paper:

    1.       What transitivity patterns may be identified in the mini corpus?

    Analysis and Discussion

    In order to respond to the research question, the transitivity analysis of CPC and CPR was carried out. The transitivity analysis of clauses from CPC is provided in Appendix I, and that of CPR is given in Appendix II. In this section, the analysis is represented for the processes used in the two data, followed by an analysis of nominal phrases.

     

    Construction of Processes in Mini Corpus

    The processes in the two data are reproduced in Table 9.


     

    Table 9. Process types in CPC and CPR

    CPC Data

     

    CPR Data

    Process

    Type

    Process

    Type

    state

    verbal

    apply

    Material

    required

    material

    construed

    Mental

    stay

    material

    give

    Material

    provided

    material

    include

    Material

    added

    material

    be

    Relational

    declare

    verbal

    give

    Material

    retain

    material

    give

    Material

    adjudicate

    material

    be

    Relational

    direct

    verbal

    apply

    Material

    enable

    mental

     

     

    instituted

    material

     

     

    provide

    material

     

     


    As mini corpus comprised a small data sample, Table 9 returned only 12 processes in the CPC data and only nine processes in CPR data.

    CPC data contains 8 material processes, 3 verbal processes, and 1 mental process. The CPR data contains 6 material, 1 mental, and 2 relational processes. These have been graphically presented in Figure 1.

    Figure 1

    Frequency Distribution of Processes in the Texts of CPC and CPR

    Figure 1 shows that CPC uses three instances of verbal processes as compared to zero in CPR. Similarly, CPC did not return any relational processes as compared to two instances of relational processes in CPR. As the number of processes is not the same in both data, the percentage distribution was calculated. It has been given in Table 10.


     

    Table 10. Percentage of Processes in CPC and CPR Data

    Process

    Frequency in CPC data

    Percentage

     

    Frequency in CPR data

    Percentage

    Material

    8

    67%

    6

    67%

    Verbal

    3

    25%

    0

    0%

    Mental

    1

    8%

    1

    11%

    Relational

    0

    0%

    2

    22%

     


    Table 10 shows that material processes have the same percentage in both CPC and CPR data. Despite being very small data, this clearly shows a preference for the material processes in both texts. This is significant in the sense that according to Halliday and Matthiessen (2004), the procedural texts predominantly employ material processes, so this finding in our data confirms this assertion. This has been visually represented in Figure 2.

    Figure 2

    Percentage Distribution of Processing in CPC and CPR Data

    Figure 2 shows that both CPC and CPR data have equal percent distribution of material processes. It is interesting to note that the percent distribution of mental processes is 11% in CPR as compared to 8% in CPC, indicating that CPR uses more occurrences of mental processes as compared to CPC.

    In the CPC data, the material processes are required, stay, provide(d), added, retain, adjudicate, instituted, and provide. In CPR data, the material processes are applied, give, and included. It may be observed that CPR data contains only three material processes, and they are repeated in different clauses. On the other hand, CPC data has a greater number of processes with less repetition. The only process used in the two clauses is provided. Similarly, CPC data shows state, declare, and direct as verbal processes. CPR data did not return any verbal process. In addition, CPC data returned enable as a mental process, whereas CPR data returned one instance of mental process, that is, construe. CPR data returned three instances of the relational process be. It may be observed that CPR data shows a smaller number of processes with more repetitions. Next, the structure of processes was analyzed in both data. It has been reproduced in Table 11:


     

    Table 11. Construction of Material Processes in CPC and CPR Data

    CPC data

    CPR data

    May be required to…pay or place

    May apply

    Stay

    Give

    May be provided

    Include

    May be added

    Give

    Retain

    Give

    May adjudicate

    Apply

    May provide

     

     


    Table 11 shows that CPC data returned more complex structures for processes as compared to CPR data. CPR data returned only one instance of the process with may, as compared to 5 instances of processes with may in CPC data. Another important observation shows that CPR data uses active mode (give, include, give) as compared to CPC data that shows the use of both active and passive modes (required, provided, added, and stay, retain, adjudicate, provide).

     

    Construction of Nominal Phrases

    In this section, the construction of nominal phrases in both CPC data and CPR data was analyzed. The nominal phrases in main clauses found in both data have been listed in Appendix II. The nominal phrases in the circumstantial clauses have not been fully examined because that would go beyond the scope of this study. Appendix III shows that both CPC and CPR employ simple and complex constructions for the nominal phrases, which act as participants. A close look at these participants indicates that the participants include both human and non-human participants, such as the plaintiff, they, his costs…, him, all parties, agents, and tenants in CPC data; and the person…or the sheriff, the person under liability…, any person, his claim, the execution creditor, his address, the sheriff. The data in both CPC and CPR also include non-human participants, such as the court, the proceedings, the title, nothing in this Order in CPC data; and the court, notice, that address, notice thereof, goods or chattels claimed in CPR data. Another feature that these participants show is the embedded relative clauses, which serve to specify the meanings and limit the scope of the headwords. For example, the court in which the suit against the plaintiff  is pending serves to specify which court is being referred to in the clause. Similarly, in his costs in the suit so stayed, the embedded relative clause in the suit so stayed specifies which costs are being referred to. It contains a further embedded clause so stayed, which further makes the scope of the meaning of the suit specific; that is, the clause talks about a suit which has been stayed so (i.e., in this manner). However, a detailed investigation of such embedded elements would require a separate study.

    CPR data also shows similar embedding. For example, the person under liability, as mentioned in sub-paragraph (a) or (subject to rule 2), the sheriff is a long nominal phrase serving as a participant and contains embedded clauses to specify which person is being referred to. Similarly, in another long nominal phrase, Any person making a claim to or in respect of any money, goods or chattels taken or intended to be taken in execution under a process of the court, or to the proceeds or value of any such goods or chattels, the underlined long embedded clause specifies which person is being referred to. Appendix III provides further instances of nominal phrases used in both CPC and CPR.

    As Appendix III shows, the construction of nominal phrases becomes complex because of embedded clauses, despite the fact that such embedded clauses serve to achieve clarity and precision in a legal text (Bhatia, 2004).

    Conclusion and Recommendations

    This study was carried out to examine the complexity in legal language for which a comparative analysis of a min-corpus from the CPC and CPR was carried out with the help of Halliday's transitivity system under his Systemic Functional Linguistics theory. The analysis focused on the transitivity patterns in both texts and the types and construction of processes, and the construction of nominal phrases. The analysis showed that the construction of processes may contain complex structures but was generally found to be simple. The processes used in CPR data were found to be fewer than the ones found in CPC data. In addition, CPR data showed repetition of these processes instead of using a large number of different processes. This seemed to make the data more focused. On the other hand, CPC data contained a greater number of processes with less repetition. This may indicate either CPC data being more diverse on the one hand and being less focused on the other hand.

    With regard to the construction of nominal phrases, both texts showed a similar trend. Both texts used a mix of simple, one-word nominal phrases and multi-phrase structures with embedded clauses. The data indicated that these embedded clauses were added to achieve clarity and precision, but at the same time, such constructions seemed to make the texts complex and hard to understand at times.

    Finally, this study was an attempt to identify the linguistic features of legal language in Pakistan as well as an attempt to open up this area for further academic research. We believe that further large-scale studies will pave the way for identifying more generalizable linguistic features of legal language in Pakistan.

    In view of the above situation, it is recommended that:

    1. The tradition of corpus-based systemic functional linguistic analysis should be extended to other legal genres.

    2. Further large-scale research should be carried out to identify linguistic features of legal language in Pakistan.

    3. The findings of the present and future research should be used to develop courses for teaching legal language at various academic levels

    Appendix I: Transitivity Analysis of Order XXXV Interpleader 1

    Plaint in Interpleader Suits

    //In every suit of interpleader the plaint shall, in addition to other statements necessary for plaints, state (a) that the plaintiff claims no interest in the subject matter in dispute other than for charges or costs? (b) the claims made by the defendants severally? and (c) that there is no collusion between the plaintiff and any of the defendants.//

     

    Payment of Thing Claimed into Court

    // Where the thing claimed is capable of being paid into court or placed in the custody of the court, / plaintiff may be required to so pay or place it before he can be entitled to any order in the suit.//

     

     Procedure where Defendant Issuing Plaintiff

    //Where any of the defendants in an interpleader suit is actually suing the plaintiff in respect of the subject matter of such suit, the court in which the suit against the plaintiff is pending shall, on being informed by the court in which the interpleader suit has been instituted, stay the proceedings as against him? /and his costs in the suit so stayed may be provided for in such suit? /but if, and in so far as, they are not provided for in that suit, they may be added to his costs incurred in the interpleader suit.//

     

    Procedure at First Hearing

    (1) //At the first hearing the court may (a) declare that the plaintiff is discharged from all liability to the defendants in respect of the thing claimed, award him his costs, and dismiss him from the suit?// or

    (b) //if it thinks that justice or convenience so require, retain all parties until the final disposal of the suit.//

    (2) //Where the Court finds that the admissions of the parties or other evidence enable it to do so, it may adjudicate the title to the thing claimed.

    (3) Where the admissions of the parties do not enable the court so to adjudicate, it may direct /(a) that an issue or issues between the parties be framed and tried, and /(b) that any claimant be made a plaintiff in lieu of or in addition to the original plaintiff, and shall proceed to try the suit in the ordinary manner.//

     

    Agents and Tenants may not Institute Interpleader Suits

    Nothing in this Order shall be deemed to enable agents to sue their principals, or tenants to sue their landlords, for the purpose of compelling them to interplead with any persons other than persons making claim through such principals or the landlords.//

     

    Illustrations

    (a) // A deposits a box of jewels with B as his agent.// //C alleges that the jewels were wrongfully obtained from him by A, /and claims them from B.// //B cannot institute an interpleader suit against A and C.// (b) //A deposits a box of jewels with B as his agent.// He then writes to C for the purpose of making the jewels a security for a debt due from himself to C.// //A afterwards alleges that C's debt is satisfied, /and C alleges the contrary.// //Both claim the jewels from B.// //B may institute an interpleader suit against A and C.//

     

    Charge for Plaintiff's Costs

    //Where the suit is properly instituted /the court may provide for the costs of the original plaintiff by giving him a charge on the thing claimed or in some other effectual way.//


     

    In every suit of interpleader

    the plaint

    shall

    in addition…

    state

    (a) that the plaintiff…

    Cir:

    Sayer

     

    Cir:

    Pr:verb

    Verbiage

     

     

    Where the thing…

    the plaintiff

    may be required to so pay or place

    it

    before he can be entitled…

    Cir: location

    Actor

    Pr: mat

    Goal

    Cir: time

     

    Where any of…

    the court…

    on being informed…

    stay

    the proceedings…

    Cir

    Actor

    Cir

    Pr: mat

    Goal

    and

    his costs…

    may be provided

    for

    in such suit;

    conj

    goal

    pr: mat

     

    cir: location

     

    but

    if, and…

    they

    may be added

    to his costs…

    Conj

    Cir:

    Goal

    Pr: mat

    Cir

     

    At the first hearing

    The Court

    May

    (a)                 declare

    That the plaintiff…

    Cir: contingency

    Sayer

     

    Pr: verb

    Verbiage

     

    (b)                 if it …

    retain

    all parties

    until the…

    Cir: contingency

    Pr: mat

    Goal

    Cir: time

     

    Where …

    it

    May adjudicate

    The title…

    Conjunction

    Actor

    Pr: mat

     

     

    Where

    it

    May direct

    (a)                 that an issue…, and (b) that any claimant…

    Conj

    Sayer

    Pr: verb

    Verbiage

     

    Nothing in this…

    shall be deemed to enable

    agents

    to sue

    their principals, or…

    for the purpose of…

     

     

    Actor

     

     

     

    Agent

    Pr: ment

     

     

     

     

     

    Where

    the suit

    is

    properly

    instituted

    the court

    may provide

    for the costs…

    of the original plaintiff

    by giving…

    conj

    Goal

     

    Cir: manner

    Pr: mat

    Cir: location

    Actor

    Pr: mat

    Cir:

    Beneficiary

    Cir:

     

     

     

     

     


    Appendix II: Transitivity analysis of U.K. Civil Procedure Rules Order 17 Interpleader

    Entitlement to Relief by Way of Interpleader Rule 1

    (1) //Where— (a) a person is under a liability in respect of a debt or in respect of any money, goods or chattels and he is, or expects to be, sued for or in respect of that debt or money or those goods or chattels by two or more persons making adverse claims thereto; or (b) claim is made to any money, goods or chattels taken or intended to be taken by a sheriff in execution under any process, or to the proceeds or value of any such goods or chattels, by a person other than the person against whom the process is issued, / the person under liability as mentioned in sub-paragraph (a) or (subject to rule 2) the sheriff, may apply to the court for relief by way of interpleader.//

    // (2) References in this Order to a sheriff shall be construed as including references to any other officer charged with the execution of process by or under the authority of the High Court. //

     

    Claim to goods, etc., taken in execution Rule 2

    (1) //Any person making a claim to or in respect of any money, goods or chattels taken or intended to be taken in execution under process of the court, or to the proceeds or value of any such goods or chattels, must give notice of his claim to the sheriff charged with the execution of the process and must include in his notice a statement of his address, /and that address shall be his address for service.//

    (2) //On receipt of a claim made under this rule the sheriff must forthwith give notice thereof to the execution creditor / and the execution creditor must, within seven days after receiving the notice, give notice to the sheriff informing him whether he admits or disputes the claim.// //An execution creditor who gives notice in accordance with this paragraph admitting a claim shall only be liable to the sheriff for any fees and expenses incurred by the sheriff before receipt of that notice.//

    (3) //Where— (a) the sheriff receives a notice from an execution creditor under paragraph (2) disputing a claim, or the execution creditor fails, within the period mentioned in that paragraph, to give the required notice; and (b) the claim made under this rule is not withdrawn, /the sheriff may apply to the court for relief under this Order.//

    (4) //A sheriff who receives a notice from an execution creditor under paragraph (2) admitting a claim made under this rule shall withdraw from possession of the money, goods or chattels claimed and may apply to the court for relief under this Order of the following kind, /that is to say, an order restraining the bringing of a claim against him for or in respect of his having taken possession of that money or those goods or chattels.//


     

     

    Where…

    the person… or the sheriff…

    may apply

    to the court

    for relief

    by way of interpleader

    Cir: location

    Actor

    Pr: mat

    Recipient

    Cir: quality

    Cir: manner

     

    References…

    shall be construed

    as including…

    Goal

    Pr: ment

    Cir: quality

     

    Any person…

    give

    notice

    to the sheriff…

     

     

    Actor

    Pr: mat

    Goal

    Recipient

     

     

     

    and

    must

    include

    in his notice…

    a statement of his address

     

    Conj

    Cir: quality

    Pr: mat

    Cri: location

    Goal

     

     

    and

    that address

    shall be

    his address for service

     

     

    Conj

    Token

    Pr: rel

    Value

     

     

    On receipt…

    the sheriff

    must

    forthwith

    give

    notice

    thereof

    to the execution creditor

    Cir: contingency

    Actor

    Cir: quality

    Conj: quality

    Pr: mat

    Goal

    Cir: location

    Recipient

     

    And

    the execution creditor

    must,

    within seven…

    give

    notice

    to the sheriff…

     

    conj

    Actor

    Cir: quality

    Cir: time

    Pr: mat

    Goal

    Recipient

     

    An execution creditor…

    shall only be

    liable to the sheriff for any fees and…

    Token

    Pr: relational

    Value

     

    Where…

    the sheriff

    may apply

    to the court

    for relief

    under this Order.

    Cir: location

    Actor

    Pr: mat

    Recipient

    Cir: quality

    Cir: location

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Appendix III: Construction of Nominal Phrases in Material Clauses in CPC and CPR Data

     

    CPC Data

    CPR Data

    the plaintiff

    the person…or the sheriff…

    that the plaintiff claims no interest in the subject matter in dispute other than for charges or costs? (b) the claims made by the defendants severally? and (c) that there is no collusion between the plaintiff and any of the defendants

    the person under liability as mentioned in sub-paragraph (a) or (subject to rule 2) the sheriff

    plaintiff

    the Court

    it

    References in this Order to a sheriff

    the Court in which the suit against the plaintiff is pending

    Any person making a claim to or in respect of any money, goods or chattels taken or intended to be taken in execution under process of the Court, or to the proceeds or value of any such goods or chattels

    the proceedings as against him

    notice of his claim

    his costs in the suit so stayed

    that address

    they

    his address

    his costs incurred in the interpleader suit

    the sheriff

    the Court

    notice thereof

    that the plaintiff is discharged from all liability to the defendants in respect of the thing claimed, award him his costs, and dismiss him from the suit

    the execution creditor

    him

    notice

    all parties

    An execution creditor who gives

    notice in accordance with this paragraph admitting a claim

    it

    liable to the sheriff for any fees and             expenses incurred by the sheriff before receipt of that notice

    the title to the thing claimed

    the sheriff

    (a) that an issue or issues between the parties be framed and tried, and /(b) that any claimant be made a plaintiff in lieu of or in addition to the original plaintiff, and shall proceed to try the suit in the ordinary manner

    the Court

    Nothing in this Order

    A sheriff who receives a notice from an execution creditor under paragraph (2) admitting a claim

    made under this rule

    agents

    goods or chattels claimed

    tenants

    the Court

    their landlords

     

    the Court

     

    the costs of the original plaintiff

     

References

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Cite this article

    APA : Usmani, S. H. A., & Afsar, A. (2021). Transitivity Analysis of Pakistan's Code of Civil Procedure 1908: A Corpus-Based Study. Global Language Review, VI(II), 63-77. https://doi.org/10.31703/glr.2021(VI-II).08
    CHICAGO : Usmani, Saadat Hasan Akhtar, and Ayaz Afsar. 2021. "Transitivity Analysis of Pakistan's Code of Civil Procedure 1908: A Corpus-Based Study." Global Language Review, VI (II): 63-77 doi: 10.31703/glr.2021(VI-II).08
    HARVARD : USMANI, S. H. A. & AFSAR, A. 2021. Transitivity Analysis of Pakistan's Code of Civil Procedure 1908: A Corpus-Based Study. Global Language Review, VI, 63-77.
    MHRA : Usmani, Saadat Hasan Akhtar, and Ayaz Afsar. 2021. "Transitivity Analysis of Pakistan's Code of Civil Procedure 1908: A Corpus-Based Study." Global Language Review, VI: 63-77
    MLA : Usmani, Saadat Hasan Akhtar, and Ayaz Afsar. "Transitivity Analysis of Pakistan's Code of Civil Procedure 1908: A Corpus-Based Study." Global Language Review, VI.II (2021): 63-77 Print.
    OXFORD : Usmani, Saadat Hasan Akhtar and Afsar, Ayaz (2021), "Transitivity Analysis of Pakistan's Code of Civil Procedure 1908: A Corpus-Based Study", Global Language Review, VI (II), 63-77
    TURABIAN : Usmani, Saadat Hasan Akhtar, and Ayaz Afsar. "Transitivity Analysis of Pakistan's Code of Civil Procedure 1908: A Corpus-Based Study." Global Language Review VI, no. II (2021): 63-77. https://doi.org/10.31703/glr.2021(VI-II).08